Category Archives for Legal/taxes

Do You Need a License to Wholesale Properties?

You buy a property, you wholesale it, you profit. Do you need a license to wholesale properties? In most cases, the answer is “no”. Real estate brokerage is an activity regulated by states on their own terms, thus each state defines which activities require a license. There is a lot of vagueness and ambiguity in some of the […]

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How to Hire a Real Estate Attorney

No real estate course or seminar is a substitute for a good attorney. Finding a good real estate attorney may be difficult, since most attorneys are not themselves investors or familiar with creative transactions. Most attorneys will give you just enough advice to keep them from getting sued, but not enough advice to show you […]

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Asset Protection for Landlords

Get that Property Out of Your Name!Asset protection for landlords starts with anonymity. There are over 80 million lawsuits filed every year in the United States. Landlords and real estate investors are especially susceptible to liability. Are you a target? Are your assets easy to locate? Is your real estate titled in your name? You wouldn’t […]

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The Delaware Series LLC for Real Estate Investors

The Delaware series LLC is a form of a limited liability company that provides liability protection across multiple “series”, each of which is theoretically protected from liabilities arising from the other series.  It is similar to a parent/subsidiary structure, such as GM and it’s various brands.  For example, you could have a master LLC that […]

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Basics of the Real Estate Contract

The real estate contract is the most often used, yet little understood tool in the real estate business. Whether you are a rank beginner or seasoned expert, there is no excuse for not knowing and understanding the real estate contract. Real estate contracts are based on common law contract principles, so it is important that you […]

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The Right Entity for Your Business May Not Be What You Think!

Many people are operating a full or part-time small business and seeking to incorporate for tax reasons, professionalism, and liability protection.  However, most of them are getting it wrong in choosing an entity. The popular thing to do is form an LLC (limited liability company) because it is simple and requires less formalities than a […]

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“Release” Yourself from Liability

People settle claims out of court all the time, and that is often the smart thing to do. But, most people forget the one simple step that is crucial to the process. This simple step, if omitted, can result in a future lawsuit against you, even if you allegedly settled the claim. Consider the act of […]

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7 Reasons to Use Land Trusts

Trusts

You wouldn’t walk around with a financial statement taped to your back, would you?  Then why are you holding title to your real estate in your own name?  Whether it’s your personal residence or your rental properties, you are a “sitting duck” for disgruntled tenants, ex-employees, ex-spouses, the IRS and their attorneys.  Real estate is […]

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Real Estate Dealer Tax

Many people buy and flip properties in their own name, particularly when getting started.  The danger here is that the income earned from these activities could be subject to unwanted taxes, particular the real estate dealer tax. Capital gains, exchange rules and installment sales rules apply for properties held for “productive use.” I.R.C. §1234. If […]

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Personal Property Trusts

Trusts

 If you have been reading my articles, you are probably familiar with the concept of creating and using land trusts for privacy and protection of your real estate. However, what about your ownership of notes, mortgages, deeds of trust, leases and options that may appear on public record? What about cars, boats, mobile homes and […]

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